Category Archives: Nexus

IN: Cell phone linked to murder by TM sent before; PC for search

Defendant’s cell phone was linked to the murder by a witness saying that the meet was set up by text messages and more. Banks v. State, 2024 Ind. App. LEXIS 66 (Mar. 15, 2024):

Posted in Cell phones, Nexus, Probable cause | Comments Off on IN: Cell phone linked to murder by TM sent before; PC for search

CA9: Two controlled buys by others afterward going to def’s house was nexus

Nexus to defendant’s house was shown by two controlled buys with others who traveled back to his house afterward. United States v. Espinoza, 2024 U.S. App. LEXIS 5147 (9th Cir. Mar. 4, 2024). “The warrant for appellant’s medical records was … Continue reading

Posted in Nexus, Particularity, Reasonable suspicion | Comments Off on CA9: Two controlled buys by others afterward going to def’s house was nexus

CA7: Rodriguez time argument waived by failure to specifically plead it below

“At the outset, we note that Johnson did not challenge the length or validity of the dog sniff in the district court. The record therefore does not contain information crucial to the Rodriguez inquiry, such as whether Deputy Haber acted … Continue reading

Posted in Burden of pleading, Dog sniff, Nexus, Probable cause | Comments Off on CA7: Rodriguez time argument waived by failure to specifically plead it below

FL2: Suppression under Franks reversed; not material to PC

Defendant established that there were false statements in the affidavit for warrant that ran the full spectrum from negligence to likely intentionality. But probable cause remained, even excluding what was challenged. “While the temptation to advance the prophylactic purpose of … Continue reading

Posted in Franks doctrine, Ineffective assistance, Nexus, Probable cause | Comments Off on FL2: Suppression under Franks reversed; not material to PC

KS: Search of def’s purse when she was passed out likely from ODing was reasonable

The emergency aid exception justified the search of defendant’s purse. She was passed out on a convenience store bathroom floor with drug paraphernalia around her. It was reasonable to look in her purse to see what drug it might have … Continue reading

Posted in Emergency / exigency, Nexus, Probable cause, Staleness | Comments Off on KS: Search of def’s purse when she was passed out likely from ODing was reasonable

CA3: Nexus doesn’t require positive evidence; inference will do

Nexus doesn’t require positive evidence defendant has drugs at home; an inference suffices. United States v. Green, 2024 U.S. App. LEXIS 1737 (3d Cir. Jan. 25, 2024). “Kirik’s particularity challenges are unavailing. With respect to Kirik’s challenge to the articulation … Continue reading

Posted in Nexus, Open fields, Particularity | Comments Off on CA3: Nexus doesn’t require positive evidence; inference will do

Cal.: Partial overbreadth can lead to suppression in egregious cases with flagrant constitutional violations, but this isn’t one

While partial overbreadth can lead to suppression of everything seized in an egregious case with flagrant misconduct, this isn’t one: “And as in Bradford and Kraft, we conclude that the facts here do not warrant this extreme remedy.” “According to … Continue reading

Posted in Exclusionary rule, Nexus, Overbreadth, Standing | Comments Off on Cal.: Partial overbreadth can lead to suppression in egregious cases with flagrant constitutional violations, but this isn’t one

W.D.Pa.: Affidavit for SW failed to show PC, but it wasn’t completely bare bones, so GFE applies

The affidavit averred that defendant came from his house and got in his car manifesting characteristics of somebody who was probably armed, although the officers could see no gun. This is all inference, which isn’t precluded. The affidavit is not … Continue reading

Posted in Automobile exception, Good faith exception, Nexus, Plain view, feel, smell | Comments Off on W.D.Pa.: Affidavit for SW failed to show PC, but it wasn’t completely bare bones, so GFE applies

D.Neb.: A SW affidavit is evaluated for PC based on what it contains, not what it lacks

A search warrant affidavit is evaluated for probable cause based on what it contains, not what it lacks. United States v. Daigle, 947 F.3d 1076, 1081 (8th Cir. 2020). Moreover, the good faith exception applies. There was enough information to … Continue reading

Posted in Nexus, Plain view, feel, smell, Probable cause | Comments Off on D.Neb.: A SW affidavit is evaluated for PC based on what it contains, not what it lacks

S.D.N.Y.: CA2 doesn’t recognize “stalking horse” theory of probation searches

“Skyfield’s stalking horse theory ‘that the NYPD was the real law enforcement animator’ behind the Probation Office’s actions is therefore inconsistent with binding Second Circuit precedent. United States v. Chandler, 56 F.4th 27, 43 (2d Cir. 2022), cert. denied, 143 … Continue reading

Posted in Good faith exception, Nexus, Probation / Parole search, Reasonable suspicion | Comments Off on S.D.N.Y.: CA2 doesn’t recognize “stalking horse” theory of probation searches

NY Kings Co.: The logic that people always have their cell phones on them is enough for nexus to get this SW

Defendant was arrested two days after a shooting. A search warrant was obtained for his cell phone. He resisted because there was no allegation he had the phone on him at the time of the shooting. Essentially, people always have … Continue reading

Posted in Cell phones, Consent, Nexus | Comments Off on NY Kings Co.: The logic that people always have their cell phones on them is enough for nexus to get this SW

CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

Defendant’s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. … Continue reading

Posted in Excessive force, Nexus, Qualified immunity, Search incident | Comments Off on CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

The trial court and court of appeals both erred in finding that the affidavit for search warrant was “so lacking” in probable cause that the good faith exception should not apply. “The affidavit accompanying the search warrant application explained the … Continue reading

Posted in Automobile exception, Good faith exception, Nexus, Qualified immunity, Scope of search, Staleness | Comments Off on LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

A minor error in the address of the place to be searched could be overlooked because only the right place was searched. There is still qualified immunity. Neal El v. Valasek, 2023 U.S. App. LEXIS 30000 (6th Cir. Nov. 9, … Continue reading

Posted in Issue preclusion, Nexus, Particularity, Pretext, Qualified immunity | Comments Off on CA6: SW’s minor error in naming place to be searched did not entitle ptf to relief; qualified immunity applies

N.D.Ohio: Nexus shown by car involved in controlled buys parked at def’s house

Defendant drove his vehicle to multiple controlled buys. The vehicle was usually parked at his home. That’s nexus. United States v. Brooks, 2023 U.S. Dist. LEXIS 193635 (N.D. Ohio Oct. 30, 2023). This child pornography affidavit for search warrant didn’t … Continue reading

Posted in Nexus, Probable cause | Comments Off on N.D.Ohio: Nexus shown by car involved in controlled buys parked at def’s house

N.D.Ohio: Just because legal conduct is mentioned in the SW affidavit does not mean it lacks PC otherwise shown

The inclusion of legal conduct in the affidavit for search warrant doesn’t make the warrant lack probable cause. There’s sufficient information otherwise. United States v. Reebel, 2023 U.S. Dist. LEXIS 192048 (N.D. Ohio Oct. 26, 2023). Defendant is accused of … Continue reading

Posted in Nexus, Probable cause | Comments Off on N.D.Ohio: Just because legal conduct is mentioned in the SW affidavit does not mean it lacks PC otherwise shown

IN: State could rely on alternative theory on appeal where record supports it

The state relied on inventory at trial and prevailed. On appeal it also relies on search incident. The record developed supports that, too. Cobb v. State, 2023 Ind. App. LEXIS 299 (Oct. 26, 2023). [In my state, it’s “right result, … Continue reading

Posted in Anticipatory warrant, Burden of pleading, Nexus | Comments Off on IN: State could rely on alternative theory on appeal where record supports it

W.D.Tenn.: Home of a drug dealer does not create nexus without more evidence of a connection

The home of a drug dealer does not create nexus without more evidence of a connection. United States v. Edwards, 2023 U.S. Dist. LEXIS 176766 (W.D. Tenn. Sep. 29, 2023). Plaintiff’s arrest for unlawful fishing in Manhattan’s Morningside Park was … Continue reading

Posted in Arrest or entry on arrest, Nexus | Comments Off on W.D.Tenn.: Home of a drug dealer does not create nexus without more evidence of a connection

D.Ariz.: No RS for stop, but def fled when tried to be pulled over and that was

Taking the government’s six proffered circumstances which they claim add up to reasonable suspicion, the court finds them lacking on the totality. But, as defendant was being pulled over, he fled, and that made reasonable suspicion. United State v. Shelton, … Continue reading

Posted in Nexus, Reasonable suspicion, Scope of search | Comments Off on D.Ariz.: No RS for stop, but def fled when tried to be pulled over and that was

IL: No RS for stop of van allegedly involved in a robbery; officer had no details

“The trial court decided the facts were sufficient to justify a Terry stop. After taking account of the totality of the circumstances, we reverse the denial of Maxfield’s motion to quash arrest and suppress the identification and other evidence obtained, … Continue reading

Posted in Informant hearsay, Nexus, Reasonable suspicion | Comments Off on IL: No RS for stop of van allegedly involved in a robbery; officer had no details